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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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My husband and I were going to divorce but we had it put ...

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My husband and I were going to divorce but we had it put on hold to try to reconcile. He is currently deployed to Afghanistan for 15 months. I''ve recently moved to IN to live with my aunt while he is deployed. Our divorce started in TN. His parents want to take my daughter for one week to visit. They live in Ohio. I''m concerned that they may have other motives. I do not know Ohio laws. Would they have to return her or could they try to keep her through filing for temporary custody or any other means? Their other son is also a police officer so her return concerns me..
Submitted: 6 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 6 years ago.
Unless the grandparents have been given a court order for custody or visitation, they have no legal rights to keep the child, nor are you under any legal obligation to give them visitation. Grandparents do not have automatic rights over their grandchildren. If they want rights they would need to petition the court handling the custody case. In Tennessee grandparent visitation may only be granted if it will serve the child's best interests.

Grandparent Rights to Visitation: Visitation may be granted upon a finding by the court that the visitation is in the child's best interest. Title 36, Section 36-6-301 (T.C.A. §36-6-301).
36-6-302. Grandparents' visitation rights.


So if you have hesistation about releasing your child over to them, then you are not under any legal obligation to do so and you should wait until the court defines your parenting plan.



If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you.


Customer: replied 6 years ago.
The grandparents live in Ohio and thats where my daughter would go for the weeks visit. Could they petition the court while they had her for temporary custody and be able to keep her?
That is my concern.
Expert:  Attorney & Mediator replied 6 years ago.
No, proper jurisdiction is the state that is currently handling issues of custody. Otherwise, the child's current homestate would be where they would have to file. If they attempted to file in Ohio, you would need to file a petition to dismiss on the grounds of improper venue. The child is not a resident of Ohio, so the court cannot take jurisdiction of their petition.

If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you.

Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
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